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<br />67 <br /> <br />VOL 211PAc[ 184 <br /> <br />AMENDMENT NUMBER ONE TO LEASE OF AIRPORT <br />PROPERTY/BUILDINGS BETWEEN <br />KERNER AIR SERVICES, INC. <br />AND THE CITY OF SAN MARCOS, TEXAS <br /> <br />STATE OF TEXAS 9 <br />9 <br />COUNTY OF HAYS AND CALDWELL 9 <br /> <br />992079 <br /> <br />The City of San Marcos, Texas, a municipal corporation organized and existing <br />under the laws of the State of Texas ("Lessor") and Randy Kerner, d/b/a Kerner Aircraft <br />Services ("Lessee"), agree to amend their lease agreement entered into on September <br />15,1998. <br /> <br />1. The Lessee is changed to Kerner Air Services, Inc. <br /> <br />2. Lessor and Lessee agree to an amendment of Paragraph 1.01 of the 1998 Lease <br />to read as follows: <br /> <br />1.01 In consideration of the obligation of the Lessee to Pay rent and in <br />consideration of the other terms, covenants and conditions of this Lease, the <br />Lessor leases to the Lessee and the Lessee leases from the Lessor, the <br />three tracts of real property (the "Leased Premises") in Caldwell County, <br />Texas, described in Exhibit A as Parcel "A," Parcel "B" and Parcel "C" <br />attached to and made a part of this Lease for all purposes. <br /> <br />3. Lessor and Lessee agree to an amendment of Paragraph 2.03 of the 1998 Lease <br />to read as follows: <br /> <br />2.03 Lessee will construct one enclosed T -Hangar building (the "hangars") <br />on each of the three tracts comprising the Leased Premises. The Lessee <br />warrants that it will invest a minimum of $200,000.00 in these capital <br />improvements. <br /> <br />4. Lessor and Lessee agree to an amendment of Paragraph 2.04 of the 1998 Lease <br />to read as follows: <br /> <br />2.04 As further consideration, the Lessee agrees to pay to the Lessor a <br />percentage rental in the form of a quarterly fee equal to one percent (1 %) of <br />the Lessee's gross income from all of the Lessee's commercial activity at the <br />Leased Premises, excluding sales or services to federal, state or local <br />governments or other tax exempt organizations or agencies. Payment, <br />without deduction for facility improvements or any other capital outlay, is to <br />be made within ten days of the last day of the previous quarter and shall be <br />based on the Lessee's income during the previous quarter. <br /> <br />In all other respects, except as modified, the terms and provisions of the original <br />lease shall remain in full force and effect. This amendment shall have the same force and <br />effect as if incorporated in the original lease, and shall take precedence. <br /> <br />EXECUTED in triplicate originals this the 23rd day of March, 1999. <br /> <br />LESSOR: <br />CITY OF SAN MARCOS <br /> <br />BY: <br /> <br /> <br />~~!1(/ ~J <br /> <br />Janis K. Womack <br />Ci,ty Se.cretary <br /> <br /> <br />CITY OF SAN MARCOS <br />I\TTN: Legal Dept. <br />630 East Rop.kins Street <br />;:;an Marcos, TX 78666 <br />